EU Law: Text, Cases, and Materials UK VersionText, Cases, and Materials UK Version
Abstract
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The seventh edition of EU Law: Text, Cases, and Materials provides clear analysis of all aspects of European law in the post Lisbon era. This edition looks in detail at the way in which the provisions of the Lisbon Treaty have worked since the Treaty became operational, especially innovations such as the hierarchy of norms, the different types of competence, and the legally binding Charter of Rights. The coming into effect of the new Treaty was overshadowed by the financial crisis, which has occupied a considerable part of the EU’s time since 2009. The EU has also had to cope with the refugee crisis, the pandemic crisis, the rule of law crisis and the Brexit crisis. There has nonetheless been considerable legislative activity in other areas, and the EU courts have given important decisions across the spectrum of EU law. The seventh edition has incorporated the changes in all these areas. The book covers all topics relating to the institutional and constitutional dimensions of the EU. In relation to EU substantive law there is detailed treatment of the four freedoms, the single market, competition, equal treatment, citizenship, state aid, and the area of freedom, security and justice. Brexit is the rationale for the decision to have a separate UK version of the book. There is no difference in the chapters between the two versions, insofar as the explication of the EU law is concerned. The difference resides in the fact that in the UK version there is an extra short section at the end of each chapter explaining how, for example, direct effect, supremacy or free movement are relevant in post-Brexit UK. Law students in the UK need to know this, law students in the EU and elsewhere do not.
... It is also important to note that the monitoring system is also directly linked to legally binding dispute resolution. If Member States are found to persistently not ratify and transpose directives, or fail to address the misapplication of EU law, Article 258 of the TFFEU, the Commission is able to take the offending Member State to the European Court of Justice which can result in penalties, in accordance with Article 260 of the TFEU, to "give teeth to the infringement procedure" (Craig & de Burca, 2008). ...
So much of the regional integration agenda remains "on paper only" and therefore has little impact. This report examines a range of compliance mechanisms and tools to help ensure that trade agreements are actually implemented and operationalised.
Drawing on experience in Africa and internationally, recommendations are made as to what steps SADC could take to better hold its Member States to account and to deliver on their promises to the citizens of the region.
The chapter is premised on the ever-changing landscape of distance learning and the infusion of the e-learning aspect into the teaching and learning strategies. The adoption of adaptive learning strategies necessitated institutions to deliver custom learning experiences that address the unique needs of individual students. The chapter points to the importance of institutions adopting a variety of adaptive learning strategies such as personalized learning, automated feedback, visualized learning, to enhance the student learning experience rather than assuming a one-fits-all-all experience. The book chapter highlights challenges that impede institutions in adopting adaptive Learning Strategies. The chapter underscores the point that at the core of Higher education institutions is the need to address challenges and threats to the quality of education by adopting efficient instructional strategies for Adaptive learning. The book also suggests strategies to mitigate against challenges that impede the adoption of adaptive learning strategies.
This paper on financial regulation addresses the extent to which rules on liability for information should be standardized across the EU/EEA region. The method applied is an analysis of legal documents. My finding is that further harmonization may lead to difficulties concerning procedural rules. Some authors suggest harmonizing the civil procedure for prospectus liability cases. This could reduce asymmetric information and thus contribute to efficient markets. However, mandatory disclosure comes with costs. These may increase if standards inconsistent with domestic procedures are imposed. The topic may be of interest for regulating other aspects of life, such as environmental information disclosure.
Notwithstanding the unprecedented and global prestige that data privacy (or data protection, in Europe) law has gained in the 21st century, comparative analyses of the effects flowing from the intensifying impact of data protection law on bankruptcy (insolvency) law remain unexplored. In addition to canvassing the history and contours of the data protection-bankruptcy law interface, through an empirical comparison of available court and data protection agency (authority) cases in multiple jurisdictions, this article fills this gap by identifying and exemplifying various modalities through which data protection law interferes with the bankruptcy process or creates tensions between the two branches of law, based on the comparison of available court and data protection authority (agency) cases in Europe (including the United Kingdom), the United States, as well as Canada and China, as middle-ground systems.
In 2022, the European Commission introduced, for the first time in its history, a windfall profit tax to be applied on "excessive" profits realized by qualified businesses operating in the "Oil and Gas" sector. Immediately after its implementation, questions arose as to its sustainability and its consistency with constitutional principles of the different member states regulating the domestic power to tax. To assess the consistency with the aforesaid rules, the article samples two countries, inside and outside the EU (Italy and Australia, respectively), and the historical precedents of the matter. Italy has been chosen due to the particularly stringent set of principles regulating the power of the legislature to tax, and Australia has been chosen because of the long-standing experience with superprofit taxes. In most of the scenarios analyzed, one common feature emerged: the complexity in defining the "Extra" nature of the profits and, consequently, the uncertainties in the calculation of the taxable base. In the case of Italy, for instance, the legislator had to intervene in several different moments to fine-tune the taxable base and restore certainty to the tax system. As a conclusion, while the taxation of extra profits should not per se be disregarded, its implementation demands a more robust and precise legal framework together with the understanding that the introduction of such a levy would be a one-way journey for the tax systems: windfall profits taxes would be here to stay.
According to the Swedish government, the Swedish general anti-avoidance rule that was already in place when the Anti-Tax Avoidance Directive was adopted sufficiently implements the general anti-avoidance rule of the Anti-Tax Avoidance Directive. The implementation strategy chosen raises questions of European Union (EU) law compatibility, as there are clearly differences between them. It also raises questions concerning the extent to which EU law will affect the interpretation of the Swedish general anti-avoidance rule in the future. The purpose of this article is to discuss these questions.
The case of the English ski instructor Simon Butler working in France is the best example of the malfunctioning of the professional-qualifications recognition system in Europe. The practice of European and national administration as well as the jurisprudence of the CJEU and French courts shows how important and complex the subject of qualification recognition is. A review of administrative practices and an analysis of case law show the positive and negative sides of the EU’s qualification recognition system. The European Commission is carrying out numerous activities aimed at improving said system. The latest solutions make the idea of qualification without borders a reality.
The most important task is to examine the changes and legislative proposals of the European Union, analyse the case of Simon Butler and present proposals for changes against the background of activities undertaken throughout the Union. They should be realised through legal research methods and non-reactive social methods.
Since the appearance of consumer law, its norm production landscape has been highly diversified and fragmented among the countries. The features of “lawlessness in some sectors” and “the lack of efficiency and effectiveness of national legal systems” give rise to the proliferation of norm producing originated by other bodies such as international organizations, industries, traders and even hybrid entities composing the public, the private and the civil society. There are many variations and differences in consumer law and policy between the Global North and the Global South. In recent years, harmonization of standards, codes of conduct and good practices have already taken place through international organizations and global businesses. In relation to harmonization of consumer laws among different countries, there have been skeptical views regarding such feasibility taking into account varying levels of institutional development. Thomas Bernauer explains “variation of consumer protection standards across countries may be a source of trade disputes.” Starting from the past decade, harmonization of consumer law has been achieved or at least advocated at regional levels. Harmonization easily starts within a region since regional integration creates opportunities for approximation of legal infrastructures. The EU is a very successful case in harmonizing consumer laws further guaranteed by a strong judicial system. In Latin America and in Asia, harmonization projects are ongoing and similar initiatives have also been supported. Whilst acknowledging the existing fragmentation and variations of consumer law worldwide, the author highlights the converging environment of consumer protection due to challenges brought by the globalization and advocates the feasibility of the harmonization approach from the perspective of a dynamically emerging and transitional economy such as China. At the outset, it explores the underpinnings of the consumer law which is a fairly modern legal intervention. China, like other countries, has been modernizing its consumer law by adopting a human-centred, rights-centred and social values-centred approach. Then, it examines the more important role played by emerging countries, particularly in areas such as global B2C e-commerce, telecommunication, financial services and mass tourism, and examines international dialogues and cooperation with active participation by the developing countries including China. There is a need for harmonization of consumer laws in the Mainland China, Macau and Hong Kong regions. China has made some progress on its own, but achieving harmonization in the wider region presents particular challenges. The author hopes that the harmonization would be achieved not only by creating consistency of rules but also by coordinating enforcement across borders. In conclusion, the author seems optimistic for a possible universal model law, which contains the minimum legal requirements and standards of consumer protection and mechanisms to strengthen cross-border cooperation to maximize the harmonization of consumer protection worldwide.
WHAT'S ALREADY KNOWN ABOUT THIS TOPIC? Fetal surgery is entering mainstream clinical care as a specialty that introduces an exciting range of new treatments for mothers and their unborn babies. The conflict between maternal autonomy and interests in fetal health is relatively well‐known. How does fetal surgery affect this issue? WHAT DOES THIS STUDY ADD? Clarify the legal frameworks that govern fetal surgery in the UK, EU and USA. Examine how fetal surgery may influence the legal position. Discuss clinical best practice and how physicians can influence future laws that govern this specialty. The specialty of fetal surgery or fetal intervention is one of the most exciting emerging fields of modern medicine. It is made possible by decades of major developments in antenatal imaging, obstetric anaesthesia, fetal medicine, paediatric surgery and of course by the bold and novel practitioners willing to take new steps to advance the field. Beginning in the 1970s it has now reached a stage of maturity where there are several established in‐utero procedures and countless clinical trials and studies to develop more. But what is the legal situation that fetal surgeons find themselves in? What are the rights and legal protections for the fetus and the mother, both of which are arguably the patient? This article will address this question, discussing and summarising the current legal frameworks governing fetal surgery in the jurisdictions of the United Kingdom, European Court of Human Rights and the United States of America as well as discuss what the future may hold and how researchers and physicians in the specialty can best navigate the legal environment.
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